14 Amendments of Diogo FEIO related to 2013/0185(COD)
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Full compensation shall place anyone who has suffered harm in the position in which that person would have been had the infringement not been committed. It shall therefore include compensation for actual loss and for loss of profit, and payment of interest from the time the harm occurred until the compensation in respect of that harm has actually been paid.
Amendment 124 #
Proposal for a directive
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
9. ‘reviewcompetition court’ means a national court that is empowered to review decisions of a national competition authority, in which context it may also have the power to find an infringement of Article 101 or 102 of the Treaty;
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
11. ‘final’ infringement decision means an infringement decision of a competition authority or reviewcompetition court that can no longer be reviewed;
Amendment 131 #
Proposal for a directive
Article 4 – paragraph 1 – point 14
Article 4 – paragraph 1 – point 14
14. ‘leniency corporate statement’ means an oral or written presentation voluntarily provided by, or on behalf of, an undertakingapplicant to a competition authority, describing the undertakingapplicant's knowledge of a secret cartel and its role therein, which was drawn up specifically for submission to the authority with a view to obtaining immunity or a reduction of fines under a leniency programme concerning the application of Article 101 of the Treaty or the corresponding provision under national law; this does not include documents or information that exist irrespective of the proceedings of a competition authority (‘pre-existing information’);
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that national courts have at their disposal effective measures to protect confidential information from improper use to the greatest extent possible whilst also ensuring that relevant evidence containing such information is available in the action for damages.
Amendment 154 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall take the necessary measures to give full effect to legal privileges and other rights not to be compelled to disclose evidence.
Amendment 164 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) leniency corporate statemestatements from leniency applicants; and
Amendment 169 #
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) information that was drawn up by a competition authority in the course of its proceedings and was included in the file of a competition authority.
Amendment 176 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that evidence falling into one of the categories listed in Article 6(1) which is obtained by a natural or legal person solely through access to the file of a competition authority in exercise of his rights of defence under Article 27 of Regulation No 1/2003 or corresponding provisions of national law is not admissible in actions for damages.
Amendment 178 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that evidence falling within one of the categories listed in Article 6, paragraph 2 which is obtained by a natural or legal person solely through access to the file of a competition authority in exercise of his rights of defence under Article 27 of Regulation No 1/2003 or corresponding provisions of national law is not admissible in actions for damages until that competition authority has closed its proceedings or taken a decision referred to in Article 5 of Regulation No 1/2003 or in Chapter III of Regulation No 1/2003.
Amendment 185 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that, where national courts rule, in actions for damages under Article 101 or 102 of the Treaty or under national competition law, on agreements, decisions or practices which are already the subject of a final infringement decision by a national competition authority or by a reviewcompetition court, those courts cannot take decisions running counter to such finding of an infringement. This obligation is without prejudice to the rights and obligations under Article 267 of the Treaty.
Amendment 197 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 200 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that an infringing undertaking may recover a contribution from any other infringing undertaking, the amount of which shall be determined in the light of their relative responsibility for the harm caused by the infringement. The amount of contribution of an undertaking which has been granted immunity from fines by a competition authority under a leniency programme shall not exceed the amount of the harm it caused to its own direct or indirect purchasers or providers.
Amendment 201 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4